Terms and Conditions

TERMS OF USE

Last Updated: 11th November 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What’s in these Terms?

These Terms tell you the rules for using our website https://waggos.com (the “Site”).

1. Who we are and how to contact us

https://waggos.com is a site operated by the waggo’s team (“we”; “us”; “our”).

To contact us, please email us at info@waggos.com

2. By using our Site, you accept these Terms

By using our Site, you confirm that you accept these Terms and that you agree to be legally bound by them. This shall take effect immediately upon your first use of the Site.

We therefore recommend that you take the time to familiarise yourself with the contents of these Terms before using the Site, and that you print a copy for future reference.

If you do not agree to any of the Terms, you must exit and not use our Site.

3. There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our Site:

• Our Privacy Policy, which sets out how we process personal data on the Site;
• Our Cookie Policy, which sets out information about the cookies on our Site.

Any third-party content included on the Site is governed by these Terms or through such third-party terms and conditions that will be made known to you as and when they become relevant.

4. We may make changes to these terms

We may amend these Terms from time to time for any reason, by posting notice of the changes online.

Every time you wish to use the Site, please check these Terms to ensure you understand the terms that apply at that time and that you are aware of any changes which have been made by us.

5. We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation.

We will always tell you in writing if this happens and we will ensure that the transfer will not affect diminish your rights under these Terms.

6. We may make changes to our Site

We may update and change our Site from time to time.

We may do so to for instance reflect changes to our services, website content, our users’ needs or our business priorities or requirements. Alternatively, to ensure compliance with any changes in law.

7. We may suspend or withdraw our Site

Users may access and view content on the Site solely for their own private and non-commercial use.

We do not guarantee in any way that our Site, or any content published on it, will always be available or uninterrupted. We may also suspend or withdraw or restrict the availability of all or any part of our Site for legal, business, or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but have no obligation to do so.

You are also responsible for ensuring that all persons who access our Site through your internet connection (i) are aware of these Terms and other applicable terms and conditions and (ii) that they comply with them in full.

8. How you may use material on our Site

We are the owner or licensee of all intellectual property rights in our Site (including its domain and trade marks) and in the content and materials published on it. They are protected by copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved in full.

You may print off one copy, and may download extracts, of any page(s) from our Site for your private and non-commercial use, but you may not modify them (including by removing any trade marks or any other proprietary notices) or adapt or create derivative works from them. You also may not download or print off such extracts or content in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the content or materials on the Site.

Moreover, you may not copy (except as expressly stated above), broadcast, transmit, show, perform, publish, disseminate or communicate to the public any of the content or materials found on the Site for any purpose whatsoever, without our prior written permission. In particular, you must not reproduce or use in any manner any part of the content or materials on our Site for commercial purposes, without first obtaining a licence to do so from us and, as the case may be, from our licensors.

If you wish to make inquiries about a licence to use or reproduce any content or materials from the Site, please email us at [email protected] In all such cases, our status (and that of any identified contributors) as the authors of content/materials taken from the Site must always be acknowledged.

You may not sell any of the content appearing or published on the Site (except for content that was authored by you and in which you, as agreed with us, retain intellectual property rights).

If you print off, copy, download, exploit or use any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the content or materials you have made. We also reserve the right to, in such circumstances, claim and sue for damages and any other relief which may be needed or otherwise appropriate.

9. Do not rely on information on our Site

The content on our Site is provided for general entertainment and information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of our Site content,

To the extent permitted at law, we do not accept responsibility for any statement contained in any of the content appearing on the Site. Nothing in the content appearing on our Site is provided for any specific purpose or at the request of any particular person. For the purpose of clarification, we will not be responsible or otherwise liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the content appearing on the Site.

Our Site also contains advertising materials created and delivered by third parties. You acknowledge that the relevant third-party advertiser is responsible for the contents of its advertising materials and for ensuring that any of the products or services advertised through it are compliant with applicable law and regulations. We are not responsible for such materials and any issues which you may have or develop in connection with them should be reported to the relevant advertiser.

10. We are not responsible for websites we link to

The Site may contain links to other sites and resources that are provided by third parties.

Where our Site contains such links, they are provided for your convenience and general information only. Such links should not be interpreted as our approval or endorsement of the linked websites or any of the information which you may obtain from them. Those sites and resources are not under our control and we are not responsible in any way for their contents.

11. Minors

Our Site and related services are not intended for minors, and we do not knowingly collect information relating to minors. If you are a parent or guardian and you are aware that that your child (being a minor) has provided us with personal information, please contact us.

If we become aware that we have collected personal information about a minor without verification of parental consent, we take steps to remove that information from our servers.

12. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

13. No Warranty

You acknowledge that the Site has not been designed or developed to meet your particular, individual needs. To the maximum permitted under applicable law, you accept that the Site is strictly being made available to you “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind.

We hereby disclaim all warranties and conditions with respect to the Site, whether express, implied or statutory, including, but not limited to, warranties relating to their performance, quality and merchantability or their fitness for a particular purpose or their non-infringement of third-party rights.

You also acknowledge that we do not warrant against interference with your enjoyment of the Site, or that the functions contained in, or services performed or provided by, the Site will meet your requirements or achieve the intended results, or that the operation of the Site will be uninterrupted or error-free, or that the Site will be compatible or work with any third-party software, applications or third-party services, or that the Site will be corrected. We do not warrant that the contents of the Site are compatible with all computer systems and browsers.

You also acknowledge and accept the risk that the use of the Site may affect the usability of third-party software or applications, and that the entire risk as to its quality and performance lies solely with you.

No oral or written information or advice that may be furnished by us or any of our authorised representatives shall, under any circumstance, be construed as a waiver of the above disclaimers.

14. Our responsibility for any loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
• Different limitations and exclusions of liability will apply to liability arising as a result of the provision or supply of any products to you, which will be set out in our applicable terms and conditions of supply as made available to you at time of order or purchase.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
• (i) use of, or inability to use, our site; or
• (ii) use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• (i) loss of profits, sales, business, or revenue;
• (ii) business interruption;
• (iii) loss of anticipated savings;
• (iv) loss of business opportunity, goodwill or reputation; or
• (v) any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our Site for private and non-commercial use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If any defective digital content that we have supplied to you, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

15. We are not responsible for viruses and you must not introduce them

We do not guarantee or warrant that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site (including by using any robot, spider, scraper, or any other automated means).

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. In addition, you must not use the Site to harvest information.

Note that, by breaching this section in any way, you would be committing a criminal offence punishable under Maltese law. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them and any other information which we have. In the event of such a breach, your right to use our Site will cease immediately.

16. Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.

You may not systematically forward links to the Site within a business or outside a business for business purposes. You may not copy or extract data from the Site by means of any automatic means or by any manual process that may be used to systematically extract or copy web content.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact [email protected]

17. Which country’s laws apply to any disputes?

These Terms, their subject matter and their formation, are governed by Maltese law. You and we both agree that the courts of Malta shall have exclusive jurisdiction to settle and decide any and all disputes (whether contractual or non-contractual) arising from these Terms and/or your use of the Site.